Jurisprudential Rulings Pertaining To Exhumation Of A Corpse After Burial (Health Awareness And Preservation Of The Rights Of The Deceased): Examples Of Efforts By The Kingdom Of Saudi Arabia
DOI:
https://doi.org/10.52783/jns.v14.2530Keywords:
Burial, Exhumation, Autopsy, Criminal suspicionAbstract
The legally established principle is that if a person has been buried and buried, it is not permissible to remove him from the grave because it is a form of dishonor, and the honor of the dead is to bury him, but sometimes there is a criminal suspicion, so the competent authorities issue a permit to remove the body in order to conduct a forensic autopsy, or he is buried with the dead person based on his will, valuable money that his heirs are more deserving of, which necessitates removing this money, and other justifications mentioned by jurists, both ancient and modern, and what is buried from this money is considered an essential element in the economic life of the heirs, and they are more deserving of it.
The objectives of the research were represented in the following matters, the most important of which are:
1 - Providing legal answers to questions related to removing the body of the dead after burial.
2 - Monitoring a group of scattered rulings related to this topic in one place.
3 - Proving the ability of Sharia to find appropriate solutions to people's problems in their lives.
The research concluded with a group of scientific results that we explained at the end.
It also concluded with a set of important recommendations listed at the end, which are related and connected to the scope of this research.
Downloads
Metrics
References
Al-Bayan, Al-Tahsil, Al-Sharh, Al-Tawjih, and Al-Ta'lil for the issues of Al-Mustakhraja, Muhammad bin Ahmad bin Rushd Al-Qurtubi Al-Maliki, (d. 520 AH), investigated by: Dr. Muhammad Haji and others, Dar Al-Gharb Al-Islami, Beirut, 2nd edition, 1408 AH, 2/255.
Al-Bayan in the doctrine of Imam Al-Shafi'i, Yahya bin Abi Al-Khair bin Salem Al-Omrani Al-Yemeni Al-Shafi'i (d. 558 AH), investigated by: Qasim Muhammad Al-Nouri, Dar Al-Manhaj, Jeddah, 1st edition, 1421 AH, 3/111.
Al-Tawdih in the explanation of Al-Mukhtasar Al-Fari' by Ibn Al-Hajib, Khalil bin Ishaq Al-Jundi Al-Maliki Al-Masry, (d. 776 AH), investigated by: Dr. Ahmad bin Abdul Karim Najib, Najiboyeh Center for Manuscripts and Heritage Services, 1st edition, 1429 AH, 2/154.
Al-Jawhara Al-Nira on Mukhtasar Al-Qudduri, Abu Bakr bin Ali bin Muhammad Al-Haddadi Al-Yemeni Al-Hanafi, (d. 800 AH), Al-Khairiya Press, 1st ed., 1322 AH, 1/106.
Guide to Dealing with Deaths from Infectious Diseases in Forensic Medicine Centers and Mortuary Departments in the Kingdom, Ministry of Health, 1st ed., 2020 AD, pp. 20-21.
Al-Dhakhira, Ahmad bin Idris Al-Masry Al-Qarafi Al-Maliki Al-Shaher, (d. 684 AH), investigated by: Saeed Aarab, Dar Al-Gharb Al-Islami, Beirut, 1st ed., 1994 AD, 2/479.
Ahmed, E. S. A. H., Alharbi, S. M., & Elfeky, A. I. (2022). Effectiveness of a proposed training program in developing twenty-first century skills and creative teaching skills among female student teachers, specializing in early childhood. Journal of Positive School Psychology, 4316-4330.
Masadeh, T. S. Y., & Elfeky, A. I. M. (2016). Efficacy of open-source learning management systems in developing the teaching skills of English language student teachers. American Journal of Educational Research, 4(4), 329-337.
Masada, T. S. Y. (2017). Immediate versus delayed feedback in promoting student teachers skills for lesson plan implementation. Thouqan Saleem Yakoub Masadeh and Abdellah Ibrahim Mohammed Elfeky (2017) Immediate Versus Delayed Feedback in Promoting Student Teachers Skills for Lesson Plan Implementation, British Journal of Education, 5(8), 43-58.
Elfeky, A. I. M., & Elbyaly, M. Y. H. (2016). The impact of learning object repository (lor) in the development of pattern making skills of home economics students. British Journal of Education, 4(2), 87-99.
Elfeky, A. I. M., & Elbyaly, M. Y. H. (2023). The effectiveness of virtual classrooms in developing academic motivation across gender groups. Ann. For. Res, 66(1), 2005-2020.
Elfekyand, A. I. M. (2016). The use of CSCL environment to promote students' achievement and skills in handmade embroidery. Journal of Home Economics, 26(3).
Elfeky, A. I. M., & Elbyaly, M. Y. H. (2023). The impact of virtual classrooms on the development of digital application skills among teachers of digital skills in Najran region. Ann. For. Res, 66(1), 2044-2056.
Elbyaly, M. Y. H., & Elfeky, A. I. M. (2023). The impact of blended learning in enhancing the skill performance of producing digital content among students of optimal investment. Ann. For. Res, 66(1), 2031-2043.
Elfeky, A. (2017, July). Social Networks Impact factor on Students' Achievements and Attitudes towards the" Computer in Teaching" Course at the College of Education. In International journal on E-learning (Vol. 16, No. 3, pp. 231-244). Association for the Advancement of Computing in Education (AACE).
Elfeky, A. I. M., & Elbyaly, M. Y. H. (2023). Examining the effects of virtual classroom use inside learning management systems on enhancing student satisfaction. Ann. For. Res, 66(1), 1980-1990.
Elbyaly, M. Y. H., & Elfeky, A. I. M. (2023). The effectiveness of a program based on augmented reality on enhancing the skills of solving complex problems among students of the Optimal Investment Diploma. Annals of Forest Research, 66(1), 1569-1583.
Elfeky, A. I. M., & Elbyaly, M. Y. H. (2019). Multimedia: different processes. In Interactive multimedia-multimedia production and digital storytelling. IntechOpen.
Elbyaly, M. Y. H., & Elfeky, A. I. M. (2023). The impact of problem-solving programs in developing critical thinking skills. European Chemical Bulletin, 12, 6636-6642.
Elfeky, A. I. M., Najmi, A. H., & Elbyaly, M. Y. H. (2023). The effect of big data technologies usage on social competence. PeerJ Computer Science, 9, e1691.
Elfeky, A. I. M., & Elbyaly, M. Y. H. (2023). THE EFFECT OF E-TUTORIAL PROGRAMS ON IMPROVING THE PRODUCING DIGITAL CONTENT SKILL. European Chemical Bulletin, 12, 6581-6587.
Elfeky, A. I. M., & Elbyaly, M. Y. H. (2023). The Impact Of Project-Based Learning On The Development Of Cognitive Achievement In The Course Of Applications In Educational Technology Among Students Of The College Of Education At Najran University. European Chemical Bulletin, 12(6), 6643-48.
Elbyaly, M. Y. H., & Elfeky, A. I. M. (2023). Collaborative e-learning environment: Enhancing the attitudes of optimal investment diploma students towards the digital skills course. European Chemical Bulletin, 12, 6552-6558.
Elbyaly, M. Y. H., & Elfeky, A. I. M. (2023). The Effectiveness of Using Advanced Organizations within the Virtual Classroom to Enhance the Acceptance of Technology During Disasters. European Chemical Bulletin, 12, 6603-6612.
Elbyaly, M. Y. H., & Elfeky, A. I. M. (2023). The Efficiency of Online Learning Environments In Fostering Academic Motivation. European Chemical Bulletin, 12, 6622-6628.
Elbyaly, M. Y. H., & Elfeky, A. I. M. (2023). The efficiency of instructional gaming programs in stimulating creative thinking. European Chemical Bulletin, 12, 6613-6621.
Elfeky, A. I. M., & Elbyaly, M. Y. H. (2023). MANAGING DRILL AND PRACTICE PROGRAMS WITH A MOTIVATIONAL DESIGN AND THEIR EFFECTS ON IMPROVING STUDENTS'ATTITUDES TOWARD INFORMATION AND COMMUNICATION TECHNOLOGY COURSES. European Chemical Bulletin, 12(6), 6567-6574.
Rad Al-Muhtar ealaa Al-Durr Al-Mukhtar, Muhammad Amin Al-Hanafi, known as Ibn Abidin, (d. 1252 AH), Mustafa Al-Babi Al-Halabi Library and Printing House and Sons in Egypt, 2nd ed., 1386 AH, 2/238.
Sharh al-Talqin, Muhammad bin Ali bin Omar Al-Tamimi Al-Mazari Al-Maliki, (d. 536 AH), investigated by: Muhammad Al-Mukhtar Al-Salami, Dar Al-Gharb Al-Islami, 1st ed., 2008 AD, 1/1198.
Sharh Sahih al-Bukhari, Ali bin Khalaf bin Abdul Malik bin Battal Al-Andalusi, (d. 449 AH), investigated by: Abu Tamim Yasser bin Ibrahim, Al-Rushd Library, Riyadh, 2nd ed., 1423 AH, 3/336.
Al Sahih, Muhammad bin Ismail Al-Bukhari, (d. 256 AH), investigated by: Dr. Mustafa Dib Al-Baghdadi, Dar Ibn Kathir, Damascus, 5th edition, 1414 AH, No.: 1285.
Sahih, Muslim bin Al-Hajjaj Al-Qushayri, (d. 261 AH), investigated by: Muhammad Fuad Abdul-Baqi, Issa Al-Babi Al-Halabi and Partners Press: Cairo, 1st edition, 1374 AH, No.: 2773.
Jurisprudence of New Issues in Worship, Khalid bin Ali Al-Mushaiqah, published in the Comprehensive Library on 1431 AH, p. 72.
Al-Muharrir fi al-Fiqh ala Madhhab al-Imam Ahmad ibn Hanbal,, Abdul Salam bin Abdullah bin Taymiyyah Al-Harrani, (d. 652 AH), Sunnah Al-Muhammadiyah Press, Egypt, 1st edition, 1369 AH, 1/203.
Al-Madkhal, Muhammad bin Muhammad Al-Abdari Al-Fasi Al-Maliki, known as Ibn Al-Hajj, (d. 737 AH), Dar Al-Turath, Egypt, no edition and no date, 2/19.
Al-Musnad, Ahmad bin Muhammad bin Hanbal Al-Shaibani Al-Baghdadi, (d. 241 AH), investigated by: Shuaib Al-Arnaout and others, Al-Risalah Foundation, Beirut, 1st edition, 1421 AH, No.: 24739.
Al-Mughni Sharh Mukhtasar Al-Kharqi, Abdullah bin Ahmad bin Qudamah Al-Maqdisi, (d. 620 AH), investigated by: Dr. Abdullah bin Abdul Mohsen Al-Turki, Dr. Abdul Fattah Al-Helou, Dar Alam Al-Kutub: Riyadh, 3rd edition, 1417 AH, 3/500.
Mawahib Aljalil Fi Sharh Explaining Mukhtasar Khalil, Muhammad bin Muhammad bin Abdul Rahman Al-Tarabulsi Al-Maghribi, known as Al-Hattāb Al-Ra’īnī Al-Maliki, (d. 954 AH), Dar Al-Fikr, Beirut, 3rd ed., 1412 AH, 2/251.
Encyclopedia of Jurisprudential Rules, Muhammad Sidqi bin Ahmad bin Muhammad Al-Burnu Abu Al-Harith Al-Ghazi, Al-Risala Foundation, Beirut, 1st ed., 1424 AH, 6/264.
Nihayat Al-Matlab fi Dirāt Al-Madhhab, Abdul Malik bin Abdullah Al-Juwayni, (d. 478 AH), investigated by: Dr. Abdul Azim Mahmoud Al-Dayb, Dar Al-Minhaj: Jeddah, 1st ed., 1428 AH, 3/30.
Downloads
Published
How to Cite
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
You are free to:
- Share — copy and redistribute the material in any medium or format
- Adapt — remix, transform, and build upon the material for any purpose, even commercially.
Terms:
- Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
